Bryant: Sheriff has authority to make budget transfer of more than $1 million

Published: Monday, September 9, 2013 at 5:16 p.m.

Last Modified: Monday, September 9, 2013 at 5:16 p.m.

County Commission Chairwoman Kathy Bryant said on Monday she will soon recommend that the board reverse part of its decision to deny Sheriff Chris Blair's request to move more than $1 million around in his budget.

Bryant said she reached that decision after it was pointed out — and County Attorney Guy Minter confirmed — that the commission's rejection of the request did not comply with a state law that grants the sheriff authority to control part of his budget without the board's consent.

Bryant said she recently informed Blair about the possible reversal, and added that she will suggest to the rest of the commission at its Sept. 17 meeting that the denial be reconsidered.

"While we agreed it would be best to wait, legally we're bound to allow the sheriff to do what he wants to do," Bryant explained.

If her colleagues agree it was a misstep, Blair would receive approval to spend $497,821 on new vehicles and other items.

That's not quite half of the $1.2 million Blair wanted to redirect last week, when the County Commission unanimously voted to turn down a batch of spending requests.

Led by Commissioner Stan McClain, the board agreed at the time that a delay was in order until a county staff review of Blair's proposed budget was completed.

"We are elated that the Board of County Commissioners has reconsidered their position on the transfer of reserves for contingency and we remain optimistic concerning the other budget transfers that were also requested," sheriff's Capt. James Pogue wrote in an email.

"Again, by granting the approval of our initial transfer of monies approved in 2013 of general funds, the sheriff's 2014 proposed budget could be reduced substantially. This would be a significant savings and would relieve some of the financial burden on next year's budget."

The Sept. 3 vote played out against the backdrop of a budget battle between the board and Blair that dates to July.

Two months ago, the commission balked at Blair's original 2014 spending plan that included $17.4 million in new spending that could only be funded with a significant countywide tax increase.

Commissioners countered that they had wanted to avoid raising taxes and had asked all county-level elected officials, including Blair, to help by holding spending flat for next year.

Blair initially responded by saying he could not cut his budget because the Sheriff's Office needed an infusion of cash to buy new equipment and pay down millions owed to employees for accrued compensatory and vacation time.

He then challenged the commission to find the savings.

After the staff, led by McClain and Clerk of the Circuit Court David Ellspermann, whose duties include being the board's chef financial officer, started going over the numbers, the sheriff subsequently slashed his original spending increase in half.

Last week, Jerry Holland, Blair's chief of administrative services, told the commission that Blair would whittle that down further, based on what they agreed to do with his latest request.

Yet commissioners determined that it would be more prudent to wait to see the results of the staff's audit and declined to approve the budget transfers.

While Holland did not raise the issue with the board, Ellspermann cautioned them that state law allows Blair to spend reserve funding as he sees fit, and that the commission must authorize the expenditures so long as he does so in writing.

His comment was based on an email he received the morning of the meeting from county Budget Director Michael Tomich, who had written that the board "may be compelled" to approve some of what Blair wanted, based on the language of the law.

Minter said in an email to the Star-Banner that after reviewing the issue he had determined that the law "obligates" the County Commission to approve appropriations as Blair requests from the Sheriff's Office's savings for contingencies, if he does so through a written request.

In a letter last Thursday, Blair asked the commission to correct its "improper" vote.

He maintained that the money had already been allotted for this budget year, which expires on Sept. 30, and that the transfers were necessary to buy "much-needed" patrol vehicles and to "buy down" some of the agency's unfunded liability, which referred to comp time owed to his staff.

While the documents submitted to the County Commission to justify the expenditures from the reserve accounts do mention the purchase of new vehicles, they also indicate Blair also wanted to buy new computer equipment.

Moreover, two expenses totaling $15,500 would cover an unexplained "unexpected salary costs" and an undefined "operating expense" that was "unbudgeted."

<p>County Commission Chairwoman Kathy Bryant said on Monday she will soon recommend that the board reverse part of its decision to deny Sheriff Chris Blair's request to move more than $1 million around in his budget.</p><p>Bryant said she reached that decision after it was pointed out — and County Attorney Guy Minter confirmed — that the commission's rejection of the request did not comply with a state law that grants the sheriff authority to control part of his budget without the board's consent.</p><p>Bryant said she recently informed Blair about the possible reversal, and added that she will suggest to the rest of the commission at its Sept. 17 meeting that the denial be reconsidered.</p><p>"While we agreed it would be best to wait, legally we're bound to allow the sheriff to do what he wants to do," Bryant explained.</p><p>If her colleagues agree it was a misstep, Blair would receive approval to spend $497,821 on new vehicles and other items.</p><p>That's not quite half of the $1.2 million Blair wanted to redirect last week, when the County Commission unanimously voted to turn down a batch of spending requests.</p><p>Led by Commissioner Stan McClain, the board agreed at the time that a delay was in order until a county staff review of Blair's proposed budget was completed.</p><p>"We are elated that the Board of County Commissioners has reconsidered their position on the transfer of reserves for contingency and we remain optimistic concerning the other budget transfers that were also requested," sheriff's Capt. James Pogue wrote in an email.</p><p>"Again, by granting the approval of our initial transfer of monies approved in 2013 of general funds, the sheriff's 2014 proposed budget could be reduced substantially. This would be a significant savings and would relieve some of the financial burden on next year's budget."</p><p>The Sept. 3 vote played out against the backdrop of a budget battle between the board and Blair that dates to July.</p><p>Two months ago, the commission balked at Blair's original 2014 spending plan that included $17.4 million in new spending that could only be funded with a significant countywide tax increase.</p><p>Commissioners countered that they had wanted to avoid raising taxes and had asked all county-level elected officials, including Blair, to help by holding spending flat for next year.</p><p>Blair initially responded by saying he could not cut his budget because the Sheriff's Office needed an infusion of cash to buy new equipment and pay down millions owed to employees for accrued compensatory and vacation time.</p><p>He then challenged the commission to find the savings.</p><p>After the staff, led by McClain and Clerk of the Circuit Court David Ellspermann, whose duties include being the board's chef financial officer, started going over the numbers, the sheriff subsequently slashed his original spending increase in half.</p><p>Last week, Jerry Holland, Blair's chief of administrative services, told the commission that Blair would whittle that down further, based on what they agreed to do with his latest request.</p><p>Yet commissioners determined that it would be more prudent to wait to see the results of the staff's audit and declined to approve the budget transfers.</p><p>While Holland did not raise the issue with the board, Ellspermann cautioned them that state law allows Blair to spend reserve funding as he sees fit, and that the commission must authorize the expenditures so long as he does so in writing.</p><p>His comment was based on an email he received the morning of the meeting from county Budget Director Michael Tomich, who had written that the board "may be compelled" to approve some of what Blair wanted, based on the language of the law.</p><p>Minter said in an email to the Star-Banner that after reviewing the issue he had determined that the law "obligates" the County Commission to approve appropriations as Blair requests from the Sheriff's Office's savings for contingencies, if he does so through a written request.</p><p>In a letter last Thursday, Blair asked the commission to correct its "improper" vote.</p><p>He maintained that the money had already been allotted for this budget year, which expires on Sept. 30, and that the transfers were necessary to buy "much-needed" patrol vehicles and to "buy down" some of the agency's unfunded liability, which referred to comp time owed to his staff.</p><p>While the documents submitted to the County Commission to justify the expenditures from the reserve accounts do mention the purchase of new vehicles, they also indicate Blair also wanted to buy new computer equipment.</p><p>Moreover, two expenses totaling $15,500 would cover an unexplained "unexpected salary costs" and an undefined "operating expense" that was "unbudgeted."</p><p>Contact Bill Thompson at 867-4117 or bill.thompson@ocala.com.</p>